Hedgey v NatWest **WON**

[hedgey06]

Don't worry Bob - I'm still here!!!

 

Okie-dokie, thanks to Steven's advice and support and attachments, I've put my draft order together (basically copied!!!) and I'm ready to print off the AQ and take to the court on Monday morning. Could somebody please comment on the following before I do?

 

In the xxxxxxx County Court

Claim number xxxxxxxx

 

 

 

 

Between

Hedgey - Claimant

and

National Westminster Bank – Defendant

N149 Allocation Questionnaire

1A) Section G - Other Information

The claimant respectfully requests that an order may be made as follows;

1. That the Defence is struck out as an abuse of process, pursuant to rule 3.4(2)(b) of the Civil Procedure Rules.

 

On the basis that the Defendant has filed a template defence then subsequently settled each and every other claim of this nature.

 

Since May 2006, I am aware of over 100 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. A sample list of these claims, including their claim numbers, is attached (attachment 1B).

 

It is submitted that the defendant’s litigation strategy is flagrantly abusive of the public resource, and further, contrary to almost all of the Overriding Objective’s of the Civil Procedure Rules. It is respectfully submitted that the Defendant will continue to conduct litigation in this manner for as long as it is allowed to do so with impunity.

 

Please find attached a copy of an order made by Lincoln County Court (attachment 1C) in at least 10 cases similar to my own involving various high street banks. The court considered the authority of Mullen-v-Hackney London Borough Council (1997)2 A11ER 906 to be relevant. If this honourable court also considers this authority relevant, I would respectfully request that the court applies its special knowledge of the defendant’s notorious and well established conduct in similar cases when considering order in the present case. Please find attached the case to which I refer (attachment 1D)

2. In the alternative, should the court not be minded to strike out the defence, and if the claim is to proceed to allocation, the Claimant respectfully suggests that special directions may be made as per the attached draft order (attachment 2B)

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour.

Along with the standard draft order:

Draft Order for Directions

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise

d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

b) Whether such charge is accepted to be a penalty, and if not why not;

c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was

d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable

e) Any witness statements.

f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

Soz for the ultra long post - but I don't want to get anything wrong!!! I've got everything ready to go if the above's ok.

Thanks in advance, hedgey xxx

[steven4064]

Looks good hedgey.

 

Only one small comment - the darft directions should probably be attachment 2A as section 2 only has the one.

 

I should also point out for any other NatWest forum members that might be watching - this section G (section H if you get an N150 AQ) is routinely used by people on the Abbey forum (which is where we got it from). Let's start using it on NatWest claims and see how we get on.

 

Steven

 

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[archer_66]

ooo hedgey that sounds good, shame u cant hand it in tomorrow! it would set the ball rolling faster! damn weekends!

ur nearly there now so keep the pressure on, and dont let them get u down!

xx

[hedgey06]

Thanks guys! I'm actually feeling quite excited about this now - hope that doesn't make me sound too weird??!!! I really can't wait to see how the judge rules on this now - I'll be getting everything ready in the next couple of weeks just in case!!!

 

Thanks for the support archer and steven. And steven .............. I owe you your favourite tipple if this one comes off!!!!! xxxxxx

[archer_66]

ooo excitement!! cant wait to see what happens !

[hedgey06]

Me an' all!!!! Hedgey vs Natwest............... finally - revenge!!! Well, they do say it's a dish best served cold!!!!!

[steven4064]

if this one comes off!!!!!

We've been through this. YOU ARE GOING TO WIN!

 

(Just like everyone else that you have been advising)

 

 

Steven

 

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[hedgey06]

Hahahahaha!!!!! Told you before my friend............. it's easy to advise others - total doddle!!!!

 

But thank you anyway.............. you're a tower of strength as always xxx

[archer_66]

steven is such a helpful darling dont know what we'd do without him sometimes!advise is spot on!

[steven4064]

 

Steven

 

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[hedgey06]

Ooooooooo............. Steven's blushing - we've made him all embarassed!!!!

 

Don't be blushing Steven - we appreciate you loads, and whatever you're drinking............. I'm buying!!! Mmmmmwah and a big hug to you, you wonderful man you! xxxxxxx

(ps.......... you'll be blushing even more now!!!)

[steven4064]

beware this is OTT*

 

Steven

 

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* Off Thread Topic

[hedgey06]

Lol............. I know!!!!!!!!

 

Anyways................. mmmmmwahhhhh!!!!!!!!! xxxxxxxxx

[jordy78]

You keep chipping away at 'em, Hedgey. All the best!

- and big congrats to Fendy as well.

 

Way to go!

 

 

 

Jordy

[hedgey06]

Nice one Jordy........... it's gotta be done hasn't it mate?!!!

 

Keep at 'em yourself............ we'll all get there in the end!!!

 

Hedgey xxxx

[jordy78]

Nice one Jordy........... it's gotta be done hasn't it mate?!!!

 

Keep at 'em yourself............ we'll all get there in the end!!!

 

Hedgey xxxx

 

 

No truer words said!

[hedgey06]

Fingers crossed mate!!! xxx

[enaid]

Are you ok? I am ok just watched Dr who

[hedgey06]

Hi enaid, I've been getting my AQ/draft order/attachments ready - want to get it all sent off on Monday. Couldn't get into Dr. Who this week............... didn't understand a bit of it. Must be me age.

[enaid]

OKIDOKI over and out enaid xx

[enaid]

I Have said the Manchester meet will be not be attended by me so sort it out yourselves as and if.

[steven4064]

Couldn't get into Dr. Who this week............... didn't understand a bit of it. Must be me age.

Perhaps you need to come out from behind the sofa

 

Steven

 

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[enaid]

Who Me?

[enaid]

I've been a naughty girl Steve and don't know why!

[steven4064]

Enaid, I was referring to hedgey's lack of comprehension of Dr Who and presumed this was because she missed half of it by virtue of hiding behind the sofa. Those Daleks can be very scary

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site